An action to recover an overdraft debt which was secured by a mortgage is not itself a mortgage action. A claim based on a simple contract debt does not cease to be so simply because it is also secured by a charge.
Citations:
Gazette 15-May-1996, Times 14-May-1996, [1996] 1 WLR 1316
Statutes:
Rules of the Supreme Court Order 88 1
Jurisdiction:
England and Wales
Cited by:
Cited – Hopkinson and Others and Birmingham Mid-Shires Building Society v Tupper CA 30-Jan-1997
The plaintiffs appealed from an order striking out their claim for want of prosecution. The defendant’s property had been sold by the mortgagees, and the plaintiffs as assignees of their debt sought to recover the balance outstanding from the . .
Lists of cited by and citing cases may be incomplete.
Banking, Litigation Practice, Contract
Updated: 31 October 2022; Ref: scu.84218